Delaware Code

12 Del. C. § 3586 (2026)

Reliance on governing instrument

✓ current as of May 2026

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A trustee who acted in good faith reliance on the terms of a written governing instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance.

72 Del. Laws, c. 388, § 7; 82 Del. Laws, c. 52, § 2;

Notes of Decisions

Cited in 2 cases (2 in the last 5 years), 2023–2025 · leading case: New Enter. Assocs. 14, L.P. v. Rich (Del. Ch. 2023).

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New Enter. Assocs. 14, L.P. v. Rich (Del. Ch. 2023). “”); see 12 Del. C. § 3586 (“A trustee who acted in good faith reliance on the terms of a written governing instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance.”

Pimpaktra A. Rust v. Vina Elise Rust, Chakdhari Anissa Rust, & The Bryn Mawr Trust Co. of Delaware (Del. Ch. 2025). “” 12 Del. C. § 3586. The Amended Complaint raises four theories in support of Count Four.”

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